| Hill v Fence Man, Inc. |
| Motion No: 2009-01261 |
| Slip Opinion No: 2009 NY Slip Op 92355(U) |
| Decided on December 23, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M96493
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-01261, 2009-07668 Stacey Ann Hill, et al., plaintiffs-respondents, v Fence Man, Inc., defendant-respondent, Town of Huntington, et al., appellants. (Index No. 8281-07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 16, 2008 (Appellate Division Docket No. 2009-01261), and to consolidate that appeal with an appeal from an order of the same court dated July 22, 2009 (Appellate Division Docket No. 2009-07668).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated December 16, 2008 (Appellate Division Docket No. 2009-01261), is granted, the appellants' time to perfect that appeal is enlarged until February 4, 2010, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court